Title
Dept/ Agency: Law Department
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Referral of Proposed Ordinance to the Central Planning Board for Formal Review
Purpose: Sample - Resolution referring to the Newark Central Planning Board for review and recommendation a proposed Ordinance amending Title 41, Newark Zoning and Land Use Regulations, Chapter 22, Shipping Containers; of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as Amended and Supplemented, by amending fees, moving exemption to shipping container zoning regulation, establishing new land use regulations for storage of automobiles, and amending the title of Chapter 22 to “Shipping Containers and Automobiles as required by N.J.S.A. 40:55D-26
Additional Information:
A copy of the proposed Ordinance and the Expert Report which supports this amendment is attached as Exhibit A
body
WHEREAS, on November 1, 2023, the Municipal Council adopted Ordinance 6PSF-e (the “Ordinance”), which amended Title XLI, Zoning and Land Use Regulations, to refine Chapter 22, entitled “Shipping Containers” regulating the storage, placement, and use of Shipping Containers within the City of Newark; and
WHEREAS, the City has identified the need to reevaluate and strengthen its regulation of shipping container and automobile storage due to public health, safety, enforcement, fire protection, environmental, and land-use concerns, including the demands such activities place upon municipal services and the need to ensure that the costs of administering, monitoring, and enforcing applicable regulations are appropriately borne by those engaged in such activities rather than by the general taxpayers of the City; and
WHEREAS, in response to a recent fire aboard a cargo vessel at Port Newark, caused by an overheating automobile, resulted in the tragic deaths of two Newark firefighters, the City finds it necessary to amend Chapter 22 to establish a revised fee structure applicable to the storage of Shipping Containers and to establish a new fee structure applicable to the storage of Automobiles, each of which are intended to be revenue-neutral and designed solely to recover the reasonable and necessary costs incurred by the City in administering, monitoring, and enforcing applicable land-use, fire safety, and public health and safety regulations; and
WHEREAS, the adoption of such a revised fee structure for Shipping Container Storage, together with the establishment of a fee structure for Automobile storage under Chapter 22, is necessary to protect the public health, safety, and welfare, while ensuring that the costs associated with automobile storage are borne by the operators and/or those engaging in such activity and not by the general taxpayers of the City; and
WHEREAS, N.J.S.A. 40:48-2 authorizes a municipality to make, amend, repeal and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this State or of the United States, as it may deem necessary and proper for good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants; and
WHEREAS, pursuant to N.J.S.A. 40:55D-64, prior to the Hearing on the adoption of a Zoning Ordinance, or any amendments thereto, the Municipal Council shall refer any such Proposed Ordinance or amendment to the Newark Central Planning Board (the “Central Planning Board”) for formal review, report and recommendation as required by N.J.S.A. 40:55D-26.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. Pursuant to N.J.S.A. 40:55D-64, the Municipal Council hereby refers to the Central Planning Board for its review, report, and recommendation of the Proposed Ordinance amending the Zoning and Land Use Regulation and the Expert Report which supports this amendment is, attached hereto as Exhibit A, to amend Chapter 22, “Shipping Containers” to revise regulations and fees, remove exemption to shipping container zoning regulation, establish new land use regulations for storage of automobiles, and revising the title to Chapter 22 to “Shipping Containers and Automobiles”.
2. The Newark Central Planning Board shall submit to the Municipal Council a report, within thirty-five (35) days after referral, which includes identification of any provisions which are inconsistent with the Master Plan and recommendations concerning any such inconsistencies, as well as any other matters as it deems appropriate in accordance with N.J.S.A. 40:55D-64 and for specific review by the Central Planning Board and report to the Municipal Council as to whether said amendment is substantially consistent with the Land Use Plan Element and the Housing Plan Element of the Master Plan or designed to effectuate such Plan Elements pursuant to N.J.S.A. 40:55D-62.
3. A copy of this resolution and the draft Proposed Amendment shall be filed with the Office of the City Clerk by the Deputy Mayor/Director of the Department of Economic and Housing Development.
4. This resolution shall take effect immediately.
STATEMENT
This Resolution declares that the Municipal Council refers a Proposed Ordinance Amending the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, Title 41, Newark Zoning and Land Use Regulations, Chapter 22, Shipping Containers; of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as Amended and Supplemented, by amending fees, moving exemption to shipping container zoning regulation, establishing new land use regulations for storage of automobiles, and revising the title to Chapter 22 to “Shipping Containers and Automobiles”.